R v Sleiman

Case [2003] NSWCCA 231


CITATION: Regina v Emad Sleiman [2003] NSWCCA 231
HEARING DATE(S): 6/11/02;2/12/02;17/2/03;18/2/03;19/2/03
JUDGMENT DATE:
21 August 2003
JUDGMENT OF: Sully J at 1; Dunford J at 91; Kirby J at 92
DECISION: Appeal against conviction dismissed.
LEGISLATION CITED: Evidence Act 1995 (NSW)
CASES CITED: Mickelberg v The Queen (1989) 167 CLR 259 at 273
R v PLV (2001) 123 A Crim R 194
R v Bikic [2002] NSWCCA 227
Gilbert v The Queen [2000] CLR 414
McClean v Commonwealth of Australia, unreported, 27 June 1996
Regina v M [2002] NSWCCA 66
Ratten v The Queen (1974) 131 CLR 510
Lawless v The Queen (1979) 142 CLR 659
Gallagher v The Queen (1985) 160 CLR 392
R v William Woodcock (1789) 1 Leach 500; 168 ER 352
R v Salama [1999] NSWCCA 105
R v Rose (2002) 55 NSWLR 701

PARTIES :

Regina
Emad Sleiman
FILE NUMBER(S): CCA 60505/99
COUNSEL: P. G. Ingram - Crown
P. Kintominas - Appellant
SOLICITORS: S. E. O'Connor - Crown
Kekatos Lawyers - Appellant
LOWER COURTJURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 70216/98
LOWER COURT
JUDICIAL OFFICER :
Sperling J

                          60505/99

                          SULLY J
                          DUNFORD J
                          KIRBY J

                          Thursday 21 August 2003
REGINA v EMAD SLEIMAN
Judgment

1 SULLY J:


      Introduction

      Between March and May 1999 the appellant, Emad Sleiman; his nephew, Hassan Kalache; and his then partner Leanne Cassar, stood trial before Sperling J and a jury. The two men were charged with having murdered one Jason Burton. Miss Cassar was charged with having been an accessory after the fact to that killing. The murder was alleged to have taken place at Parramatta on 18 May 1997.

2 At the conclusion of the Crown case, Sperling J directed the acquittal of Mr. Kalache. The joint trial of the appellant and Miss Cassar continued to verdict. The jury found each of them guilty as charged.

3 The appellant was subsequently convicted and sentenced to a substantial term of imprisonment. He now appeals against that conviction. He does not apply for leave to appeal against sentence.


      The Crown Case at Trial

4 Shortly after 4.00 a.m on Sunday, 18 May 1997, Jason Burton was stabbed fatally. The stabbing took place outside the General Bourke Hotel at Parramatta. The essence of the Crown case at trial was that the fatal wounds had been inflicted by the appellant, and with intent either to kill or to inflict grievous bodily harm.

5 Fundamental to the Crown case was evidence given at trial by Mr. Adam Stacey who had been employed, at the relevant time, as security manager at the General Bourke Hotel. The written summary of trial lodged by the Crown in connection with the present appeal contains a convenient and comprehensive survey of the evidence given by Mr. Stacey. That evidence is significant in connection with two in particular of the grounds of appeal; and it provides the essential factual background of all of the grounds of appeal. It is, therefore, expedient to reproduce the summary, which is:

          “ Adam Stacey

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R v Sleiman [2003] NSWCCA 231
Case
[2003] NSWCCA 231
Decision Date

CaseChat Overview and Summary

Emad Sleiman appeals against his conviction for the murder of Jason Burton, arguing that the trial judge misdirected the jury regarding the dying declaration of the deceased, that the trial miscarried due to the admission of evidence from Sgt. Garry Buckley, that the judge erred in failing to leave manslaughter to the jury, and that there is fresh evidence that Hassan Kalache, his co-accused, confessed to the murder. The Court of Criminal Appeal dismisses the appeal against conviction. Regarding the dying declaration, the Court finds no error in the trial judge's direction, as it appropriately identified issues the jury should consider when dealing with hearsay evidence. The Court also finds no merit in the appellant's claim that the trial miscarried due to the admission of Sgt. Buckley's evidence, as the evidence was relevant to the case. The Court rejects the argument that the trial judge should have left manslaughter to the jury, finding that the evidence supported a conviction for murder. Lastly, the Court holds that the proposed fresh evidence from Hassan Kalache is not credible and would not likely lead to an acquittal, as it is contradicted by other evidence and the circumstances surrounding its emergence suggest a connection to the appellant's receding prospects on appeal.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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